Loading...
HomeMy WebLinkAbout3-D Enterprises - Parks Rehabilitation Phase 3 - 2008CONTRACT NATIONAL CITY CITY PARKS REHABILITATION PROJECT SPECIFICATION NO. 07-06-C THIS CONTRACT, made and entered into this October 7, 2008 by and between the City of National City, California, herein after designated as the "City", and 3-D Enterprises, Inc., hereinafter designated as the "Contractor". WITNESSETH: that the parties hereto do mutually agree as follows: 1. For and in consideration of the payments and agreements hereinafter mentioned to be made and performed by the City, the Contractor agrees with the City to furnish all materials and labor for: NATIONAL CITY CITY PARKS REHABILITATION PROJECT. BEAUTIFICATION PACKAGE (PHASE 3), SPECIFICATION NO. 07-06-C and to perform and complete in a good and workmanlike manner all the work pertaining thereto shown on the plans and specifications therefore; to furnish at his own proper cost and expense all tools, equipment, labor and materials necessary therefore; and to do everything required by this agreement and the said plans and specifications. 2. For furnishing all said materials and labor, tools and equipment, and doing all the work contemplated and embraced in this Contract, also for all loss and damage arising out of the nature of the work aforesaid, or from the action of the elements, or from any unforeseen difficulties which may arise or be encountered in the prosecution of the work until its acceptance by the City and for all risks of every description connected with the work; also, for all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as in said specifications are expressly stipulated to be borne by the City and for well and faithfully completing the work and the whole thereof, in the manner shown and described in the said plans and specifications, the City will pay and the Contractor shall receive in full compensation therefore the sum of Two ljundred Twenty Three Thousand, Two Hundred Sixty Eight Dollars ($223,268.00). 3. The City hereby promises and agrees to employ, and does hereby employ said Contractor to provide the materials and to do the work according to the terms and conditions herein contained and referred to for the price aforesaid and hereby conditions set forth in the specification; and the said parties for themselves, their heirs, executors, administrators, successors and assigns, do hereby agree to the full performance of the covenants herein contained. 27 CONTRACT (CONTINUED) NATIONAL CITY CITY PARKS REHABILITATION PROJECT SPECIFICATION NO. 07-06-C 4. The Notice Inviting Bids, Instructions To Bidders, Bid Forms, Agreement and Bond Forms, Construction Administration Forms, Completion of the Project Forms, General Requirements and General Conditions, Drawings and Specifications, Addenda, Allowances, and all amendments thereof, are hereby incorporated in and made part of this Contract. 5. The City, the City's representative, the Architect, the Consultants and authorized volunteers shall not be answerable or accountable in any manner for any loss or damage that may happen to the work or any part thereof, or for any of the materials or other things used or employed in performing the work, of for injury or damage to any person or persons, either workers, employees of Contractor or its subcontractors or the public, or for damage to adjoining or other property, from any cause whatsoever arising out of or in connection with the performance of the work. The Contractor shall be responsible for any damage or injury to any person or property resulting from defects or obstructions or from any cause whatsoever arising out of or in connection with the performance of the work, provided, however, that the Contractor shall not be liable for the sole established negligence, willful misconduct or active negligence of the City, its representatives, employees, agents and authorized volunteers who are directly responsible to the City. a. Contractor shall indemnify the City, City Council, City officials, City employees, City representatives, and authorized volunteers against and will hold and save them and each of them harmless from any and all actions, claims, damages to persons or property, penalties, obligations or liabilities that may be asserted or claimed by any person, firm entity, corporation, political subdivision or other organization arising out of or in connection with the work, operation or activities of Contractor, its agents, employees, subcontractors or invitees, provided for herein, whether or not there is concurrent passive or active negligence on the part of the City, City Council, City officials, City employees, City representatives, and authorized volunteers, but excluding such actions, claims, damages to persons or property penalties, obligations or liabilities arising from the sole established negligence, willful misconduct or active negligence of the City, City Council, City officials, City employees, City representatives, authorized volunteers, or those who are directly responsible to them; and in connection therewith: 1) Contractor will defend any action or actions filed in connection with any of said claims, damages, penalties, obligations or liabilities and will pay all costs and expenses, including attorney's fees incurred in connection therewith. 2) Contractor will promptly pay any judgment rendered against Contractor, the City, City Council, City officials, City employees, City representatives, and authorized volunteers covering such claims, damages, penalties, obligations and liabilities arising out of or in connection with such work, operations, or activities of Contractor hereunder and Contractor agrees to save and hold the City, City Council, City officials, City employees, City representatives, and authorized volunteers harmless there from. )K CONTRACT (CONTINUED) NATIONAL. CITY CITY PARKS REHABILITATION PROJECT SPECIFICATION NO. 07-06-C 3) In the event the City, City Council, City officials, City employees, City representatives, and authorized volunteers are made a party to any action or proceeding filed or prosecuted against Contractor for such damages or other claims arising out of or in connection with the Work, or operation or activities of Contractor hereunder, Contractor agrees to pay to the City, City Council, City officials, City employees, City representatives, and authorized volunteers any and all costs and expenses incurred by the City, City Council, City officials, City employees, City representatives, and authorized volunteers in such action or proceeding together with reasonable attorney's fees. 4) The City may retain, to the extent it deems necessary, the money due to the Contractor under and by virtue of the Contract Documents until disposition has been made of such actions or claims for damages as specified herein above. 6. Claims, disputes and other matters in question between the parties to this Contract, arising out of or relating to this Contract or the breach thereof, may be decided by arhitration if both parties to this Contract consent in accordance with the rules of the American Arbitration Association then obtaining unless the parties mutually agree otherwise. No arbitration arising out of or relating to this Contract, shall include, by consolidation, joinder or in any other manner, any additional person not a party to this Contract except by written consent containing a specific reference to this Contract and signed by CONTRACTOR, CITY, and any other person sought to be joined. (Any Consent to arbitration involving an additional person or persons shall not constitute consent of any dispute not described therein or with any person not named or described therein.) 'Phis agreement to arbitrate and any agreement to arbitrate with an additional person or persons duly consented to by the parties to this Contract shall be specifically enforceable under the prevailing arhitration law. Notice of the demand for arhitration is to be filed in writing with the other party to this Contract and with the American Arbitration Association. The demand is to be made within a reasonable time after the claim, dispute or other matter in question has arisen. In no event is the demand for arhitration to be made after the date when institution of legal or equitable proceedings based on such claim; dispute or other matter in question would be barred by the applicable statute of limitations. The award rendered by the arbitrators shall he final and judgment may be enter upon it in accordance with applicable law in any court having jurisdiction thereof. 7. The Contractor agrees to comply with all Local, State and Federal regulations and with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act of 1970 (42 U.S.C. 1857 et seq.) and the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) as amended. 29 CONTRACT (CONTINUED) NATIONAL CITY CITY PARKS REHABILITATION PROJECT SPECIFICATION NO. 07-06-C 8. If any party brings a suit or action against the other party arising from any breach of any of the covenants or agreements or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this Agreement, then in that event, the prevailing party in such action or dispute, whether by final judgment or out -of -court settlement, shall be entitled to have and recover of and from the other party all costs and expenses of suit, including attorneys fees. 9. Each and every provision of law and clause required to be inserted in this Contract shall be deemed to be inserted herein and this Contract shall be read and enforced as though it were included herein, and if through mistake or otherwise any such provision is not inserted or is not inserted correctly, then upon application of either party the Contract shall forthwith by physically amended to make such insertion or correction. 10. In accordance with Government Code, Section 8546.7, records of both the City and the Contractor shall be subject to examination and audit for a period of three (3) years after final payment. IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed in three counterparts, each of which shall he deemed an original the day and year first above written. CONTRACTOR: By: Title: ? CITY: By: •fer Title: SLt,r.ei+o,r`i Federal ID. No. �� - o l (-4' (1 17 By: Title: Mayor, City of National City ATTEST: By: '2 Title: Cit at, Clerk, City of Iational City 30 ACKNOWLEDGMENT State of California County of San Di c Co o On DG-}-oLc,r ?o 2oocY. before me, Ce,ittek Galuarl, 11/410+4r1 144.(11c_ (insert name and title of the offiber) personally appeared S. (.akrok t C l i ii u , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature ealai (Seal) CECIUA °ALVA,N Commission s 1760337 Notary Public - California i San Diego County MHConyn. sAupl,2011 1 (Notaries acknowledgement of execution by all PRINCIPALS OF CONTRACTOR shall be attached.) 31 CONTRACT (CONTINUED) NATIONAL CITY CITY PARKS REHABILITATION PROJECT SPECIFICATION NO. 07-06-C CORPORATE CERTIFICATE I, 0 Rl6 :12—; , ertify that I am the Secretary of the Corporation as Contractor iti the foregoing Contract; that Contractor, was then AV- i P�''4 of said Corporation; that said contract was duly signed for nd in behalf of said Corporation by authority of its governing hody and is within the scope of its corporate powers. named , who signed said contract on behalf of the I, certify that I am the Secretary of the Corporation named as Contractor in the foregoing Contract; that , who signed said contract on behalf of the Contractor, was then of said Corporation; that said contract was duly signed for and in behalf of said Corporation by authority of its governing hody and is within the scope of its corporate powers. Corporate Seal: 32 CONTRACT (CONTINUED) NATIONAI. CITY ('ITY PARKS REHABILITA"I'ION PROJECT SPECIFICATION NO. 07-06-C PARTNERSHIP CERTIFICATE STATE OF ) ) ss COUNTY OF ) On this day of , 200 , before me, the undersigned, a Notary Public in and for said County and State, personally appeared: (Notary Seal) Known to me to he of the partners of the partnership that executed the within instrument, and acknowledged to me that such partnership executed the same. Signature: Name (Type or Prim): (Notary Public in and for said County and State) My Commission expires: 33 PERFORMANCE BOND NATIONAL CITYCTTY PARKS REHABILITATION PROJECT SPECIFICATION NO. 07-06-C KNOW ALL MEN BY THESE PRESENTS: That WHEREAS, the City Council of the City of National City, by Resolution No. 2008-213, passed the October 7, 2008 has awarded to 3-D Enterprises, Inc. , hereinafter designated as the "Principal", the National City City Parks Rehabilitation Project, WHEREAS, said Principal is required under the terms of said contract to furnish a bond for the faithful performance of said contract. NOW, THEREFORE, we, the Principal and as surety, are held and firmly bound unto the City Council of the City of National City, hereinafter called the "Council", in the penal suni of Two Hundred Twenty Three Thousand, Two Hundred Sixty Eight Dollars ($223,268.00) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT if the above bounden Principal, his/her or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the said contract any alteration thereof made as therein provides, on his or their part, to be kept and performed at the time and in the amount therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of National City, the City Council, their officers, agents, and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and virtue. And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed there under or the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or additions to the terms of the contract or to the work or to the specifications. 34 PERFORMANCE BOND (CONTINUED) NATIONAL. CITY CITY PARKS REHABILITATION PROJECT SPECIFICATION NO. 07-06-C In the event suit is brought upon this bond by the City of National City and judgment is recovered, the surety shall pay all costs incurred by the Council in such suit, including a reasonable attorney's fee to he fixed by the Court. IN WITNESS WHEREOF three identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety above named, on the (SEAL) day of (SEAL) (SEAL) Surety Principal , 200 . (SEAL) (SEAL) (SEAL) 35 PERFORMANCE BOND (CONTINUED) NATIONAL CITY CITY PARKS REHABILITATION PROJECT SPECIFICATION NO. 07-06-C ATTORNEY -IN -FACT ACKNOWLEDGEMENT OF' SURETY STATE OF ) ) ss COUNTY OF ) On this day of , 200, before me, the undersigned, a Notary Public in and for said County and State, personally appeared known to me to be the person whose name is subscribed to the within instrument as the attorney -in -fact of the , the corporation named as Surety in said instrument, and acknowledged to me that he subscribed the name of said corporatio❑ thereto as Surety, and his own name as attorney -in -fact. NOTE: Signature of those executing for Surety must be properly acknowledged. Signature: NOTE: The Attorney -in -fact must attach a certified copy of the Power of Attorney. Name (Type or Print): Notary Public in and tor said County and State My Commission expires: APPROVED AS TO FORM: By: George H. Eiser, III City Attorney 36 PAYMENT BOND NATIONAL CITY CITY PARKS REHABILITATION PROJECT SPECIFICATION NO. 07-06-C KNOW ALL MEN BY THESE PRESENTS: That WHEREAS, the City Council of the City of National City, by Resolution No. 2008-213, passed the 71h of October, 2008 has awarded to 3-D Enterprises, Inc., hereinafter designated as the "Principal", the National City City Parks Rehabilitation Project, WHEREAS, said Principal is required by Chapter 5 (commencing at Section 3225) and Chapter 7 (commencing at Section 3247), Title 15, Part 4, Division 3 of the California Civil Code to furnish a bond in connection with said contract; NOW, THEREFORE, we, the Principal and as surety, are held and firmly hound unto the City Council of the City of National City, hereinafter called the "Council", in the penal sum of lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his/her or its subcontractors, heirs, executors, administrators, successors, or assigns, shall fail to pay any of the persons named in Section 3181 of the California Civil Code, or amounts due under the Unemployment Insurance Code with respect to work or labor performed by any such claimant, or for any amounts required to he deducted, withheld, and paid over to the Franchise Tax Board from the wages of employees of the Contractor and his subcontractors pursuant to Section 18806 of the Revenue and Taxation Code, with respect to such work and labor the Surety will pay for the same in an amount not exceeding the sum hereinafter specified, and also, in case suit is brought upon this bond, a reasonable attorney's fee, to he fixed by the Court. This Bond shall inure to the benefit of any of the persons named in Section 3181 of the California Civil Code, so as to give a right of action to such persons or their assigns in any suit brought upon this bond. 37 PAYMENT BOND (CONTINUED) NATIONAL CITY CITY PARKS REHABILITATION PROJECT SPECIFICATION NO. 07-06-C It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement hereinabove described or pertaining or relating to the furnishing of labor, materials, or equipment therefore, not by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement hereinabove described, nor by any rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner of Public Entity and original contractor or on the part of any obliges named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Section 3110 or 3112 of the California Civil Code, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned. IN WITNESS WI-IEREOF three identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety above named, on the day of , 200 (SEAL) (SEAL) (SEAL) (SEAL) (SEAL) (SEAL) Surety Principal 3t; PAYMENT BOND (CONTINUED) NATIONAL CITY CITY PARKS REHABILITATION PROJECT SPECIFICATION NO. 07-06-C ATTORNEY -IN -FACT ACKNOWLEDGEMENT OF SURETY STATE OF COUNTY OF ) ss On this day of , 200, before me, the undersigned, a Notary Public in and for said County and State, personally appeared known to me to be the person whose name is subscribed to the within instrument as the attorney -in -fact of the , the corporation named as Surety in said instrument, and acknowledged to me that he subscribed the name of said corporation thereto as Surety, and his own name as attorney -in -fact. NOTE: Signature of those executing for Surety must be properly acknowledged. Signature: NOTE: The Attorney -in -fact shall attach a certified copy of the Power of Attorney. Name (Type or Print): (Notary Public in and for said County and State) My Commission expires: APPROVED AS TO FORM: By: George I i. Eiser, III City Attorney 39 EMERGENCY NOTIFICATION LIST NATIONAL. CITY CI"I'Y PARKS REIIABILITATION PROJECT SPECIFICATION NO. 07-06-C DATE: f D72,0L%7 The Contractor's representatives at the construction site for the above subject project will be: Name Name Emergency Telephone Number(s) r /04c (f) 2-7 4 0 Emergency Telephone Number(s) I am aware that one of the named representatives) shall be present at the work site whenever work is in progress. Further, each of these responsible persons can be contacted in an emergency situation and have complete auth y to . i tCo actor's behalf. Sigi ure of Cor4ractor Name and Title Signature of Contractor Poares £(SI,a ,ayav-, 5c.cf i Name and Title Note: Two signatures are required if a corporation. 4) EXECUTED IN TRIPLICATE PAYMENT BOND NATIONAL CITY CITY PARKS REHABILITATION PROJECT SPECIFICATION NO. 07-06-C KNOW ALL MEN BY THESE PRESENTS: That BOND NO. 2279206 PREMIUM INCLUDED IN THE PERFORMANCE BOND WHEREAS, the City Council of the City of National City, by Resolution No. 2008-213, passed the 7' of October, 2008 has awarded to 3-D Enterprises, Inc., hereinafter designated as the "Principal", the National City City Parks Rehabilitation Project, BEAUTIFICATION PACKAGE (PHASE 3), SPEC. NO. 07-06-c WHEREAS, said Principal is required by Chapter 5 (commencing at Section 3225) and Chapter 7 (commencing at Section 3247), Title 15, Part 4, Division 3 of the California Civil Code to furnish a bond in connection with said contract; NOW, THEREFORE, we, the Principal and INSURANCE COMPANY OF THE WEST as surety, are held and firmly bound unto the City Council of the City of National City, hereinafter called the "Council", in the penal sum of TWO HUNDRED TWENTY THREE THOUSAND * lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by. these presents. "TWO HUNDRED SIXTY EIGHT AND NO/100THS DOLLARS ($223,268.00) THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his/her or its subcontractors, heirs, executors, administrators, successors, or assigns, shall fail to pay any of the persons named in Section 3181 of the California Civil Code, or amounts due under the Unemployment Insurance Code with respect to work or labor performed by any such claimant, or for any amounts required to be deducted, withheld, and paid over to the Franchise Tax . Board from the wages of employees of the Contractor and his subcontractors pursuant to Section 18806 of the Revenue and Taxation Code, with respect to such work and labor the Surety will pay for the same in an amount not exceeding the sum hereinafter specified, and also, in case suit is brought upon this bond, a reasonable attorney's fee, to be fixed by the Court. This Bond shall inure to the benefit of any of the persons named in Section 3181 of the California Civil Code, so as to give a right of action to such persons or their assigns in any suit brought upon this bond. APPROVED AS TO FORM: George H. Eiser, III City Attomey 37 PAYMENT BOND (CONTINUED) NATIONAL CITY CITY PARKS REHABILITATION PROJECT SPECIFICATION NO. 07-06-C It is further stipulated and agreed that the Surery on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement hereinabove described or pertaining or relating to the furnishing of labor, materials, or equipment therefore, not by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement hereinabove described, nor by any rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in thebond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from -liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner of Public Entity and original contractor or on the part of any obliges named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Section 3110 or 3112 of the California Civil Code, and has not been paid the full amount of his claim and 'that Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned. IN WITNESS WHEREOF three identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety above named, on the 17th day of OCTOBER , 200$. INSURANCE COMPANY OF THE WEST (SEAL) 3-D ENT ' ' RI ' / IN . ` (SEAL) BY: &- / n (SEAL) BY: // EAL) BROOKE LAFRENZ (SEAL) (SEAL) ATTORNEY -IN -FACT Surety 38 Principal PAYMENT BOND (CONTINUED) NATIONAL CITY CITY PARKS REHABILITATION PROJECT SPECIFICATION NO. 07-06-C ACKNOWLEDGEMENT ATTACHED AS PRESCRIBED BY CA CIVIL CODE SS1188-1190 ATTORNEY -IN -FACT ACKNOWLEDGEMENT OF SURETY STATE OF COUNTY OF ) ss On this day of , 200 , before me, the undersigned, a Notary Public in and for said County and State, personally appeared known to inc to be the person whose name is subscribed to the within instrument as the attorney -in -fact of the , the corporation named as Surety in said instrument, and acknowledged to me that he subscribed the name of said corporation thereto as Surety, and his own name as attorney -in -fact. NOTE: Signature of those executing for Surety must be properly acknowledged. NOTE: The Attorney -in -fact shall attach a certified copy of the Power of Attorney. Signature: Name (Type or Print): (Notary Public in and for said County and State) My Commission expires: APPROVED AS TO FORM: By: George H. Eiser, III City Attorney 39 CALIFORNIA ALL—PURPOSE ACKNOWLEDGMENT State of California County of San Diego On 17 October 2008 before me, personally appeared Brooke Lafrenz YT, ; GLADYS D. ROGERS \� Commission # 1537880 i aH Notary Public - California San Diego County My Comm. Expires Dec 24, 2008 Place Notary Seal Above Gladys D. Rogers, Notary Public who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my ha Signature OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying an the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: U Individual ❑ Corporate Officer - Title(s): ❑ Partner - 0 Limited ❑ General 0 Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Surety Company No. 0001128 ICW GROUP Power of Attorney Insurance Company of the West Explorer Insurance Company Independence Casualty and Surety Company KNOW ALL MEN BY THESE PRESENTS: That Insurance Company of the West, a Corporation duly organized under the laws of the State of California, Explorer Insurance Company, a Corporation duly organized under the laws of the State of California, and Independence Casualty and Surety Company, a Corporation duly organized under the laws of the State of Texas, (collectively referred to as the "Companies"), do hereby appoint LARRY D. COGDILL, COLETTE CHISHOLM, BROOKE LAFRENZ, MICHAEL W. THOMAS, JEANETTE SEEDL their true and lawful Attomey(s)-in-Fact with authority to date, execute, sign, seal, and deliver on behalf of the Companies, fidelity and surety bonds, undertakings, and other similar contracts of suretyship, and any related documents. In witness whereof, the Companies have caused these presents to be executed by its duly authorized officers this 2nd day of January, 2008. Jeffrey D. Sweeney, Assistant Secretary State of California County of San Diego On January 2, 2008, before me, Mary Cobb, Notary Public, personally appeared J. Douglas Browne and Jeffrey D. Sweeney, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument, and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument, the entity upon behalf of which the persons acted, executed the instrument. INSURANCE COMPANY OF THE WEST EXPLORER INSURANCE COMPANY INDEPENDENCE CASUALTY AND SURETY COMPANY aflAytt../ J. Douglas Browne, Senior Vice President } SS. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand and official seal. Mary Cobb, Notary Public RESOLUTIONS This Power of Attomey is granted and is signed, sealed and notarized with facsimile signatures and seals under authority of the following resolutions adopted by the respective Boards of Directors of each of the Companies: "RESOLVED: That the President, an Executive or Senior Vice President of the Company, together with the Secretary or any Assistant Secretary, are hereby authorized to execute Powers of Attorney appointing the person(s) named as Attomey(s)-in-Fact to date, execute, sign, seal, and deliver on behalf of the Company, fidelity and surety bonds, undertakings, and other similar contracts of suretyship, and any related documents. RESOLVED FURTHER: That the signatures of the officers making the appointment, and the signature of any officer certifying the validity and current status of the appointment, may be facsimile representations of those signatures; and the signature and seal of any notary, and the seal of the Company, may be facsimile representations of those signatures and seals, and such facsimile representations shall have the same force and effect as if manually affixed. The facsimile representations referred to herein may be affixed by stamping, printing, typing, or photocopying." CERTIFICATE I, the undersigned, Assistant Secretary of Insurance Company of the West, Explorer Insurance Company, and Independence Casualty and Surety Company, do hereby certify that the foregoing Power of Attorney is in full force and effect, and has not been revoked, and that the above resolutions were duly adopted by the respective Boards of Directors of the Companies, and are now in full force. th IN WITNESS WHEREOF, I have set my hand this 1] day of October 2008 . itgy Jeffrey D. Sweeney, Assistant Secretary To verify the authenticity of this Power of Attorney you may call 1-800-877-1111 and ask for the Surety Division. Please refer to the Power of Attorney Number, the above named individual(s) and details of the bond to which the power is attached. For information or filing claims, please contact Surety Claims, ICW Group, 11455 El Camino Real, San Diego, CA 92130-2045 or call (858) 350-2400. EXECUTED IN TRIPLICATE PERFORMANCE BOND NATIONAL CITYCITY PARKS REHABILITATION PROJECT SPECIFICATION NO. 07-06-C KNOW ALL MEN BY THESE PRESENTS: That BOND NO. 2279206 PREMIUM: $2,456.00 WHEREAS, the City Council of the City of National City, by Resolution No. 2008-213, passed the October 7. 2008 has awarded to 3-D Enterprises, Inc. , hereinafter designated as the "Principal", the National City City Parks Rehabilitation Project, BEAUTIFICATION PACKAGE (PHASE 3), SPEC. NO. 07-06-C WHEREAS, said Principal is required under the terms of said contract to furnish a bond for the faithful performance of said contract. NOW, THEREFORE, we, the Principal and INSURANCE COMPANY OF THE WEST as surety, are held and firmly bound unto the City Council of the City of National City, hereinafter called the "Council", in the penal sum of Two Rundred Twenty Three Thousand, Two Hundred Sixty Eight Dollars (S223,268.00) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT if the above bounden Principal, his/her or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the said contract any alteration thereof made as therein provides, on his or their part, to be kept and performed at the time and in the amount therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of National City, the City Council, their officers, agents, and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and virtue. And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed there under or the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or additions to the terms of the contract or to the work or to the specifications. 34 PERFORMANCE BOND (CONTINLED) NATIONAL CITY CITY PARKS REHABILITATION PROJECT SPECIFICATION NO. 07-06-C In the event suit is brought upon this bond by the City of National City and judgment is recovered, the surety shall pay all costs incurred by the Council in such suit, including a reasonable attomey's fee to he fixed by the Court. IN WITNESS WHEREOF three identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety above named, on the 17th day of OCTOBER ,2008. INSURANCE COMPANY OF THE WEST (SEAL) 3-D ENT PRIS , IN SEAL) BY: 6td,--C, (SEAL) BY- BROOKE LAFRENZ (SEAL) v (SEAL) ATTORNEY -IN -FACT Surety Principal APPROVED AS TO FORM: George H. Euser, III City Attomey 35 PERFORMANCE BOND (CONTINUED) NATIONAL CITY CITY PARKS REHABILITATION PROJECT SPECIFICATION NO. 07-06-C ACKNOWLEDGEMENT ATTACHED AS PRESCRIBED BY CA CIVIL CODE SS1188-1190 ATTORNEY -IN -FACT ACKNOWLEDGEMENT OF SURETY STATE OF ) ss COUNTY OF On this day of , 200_, before me, the undersigned, a Notary Public in and for said County and State, personally appeared known to me to be the person whose name is subscribed to the within instrument as the attorney -in -fact of the , the corporation named as Surety in said instrument, and acknowledged to me that he subscribed the name of said corporation thereto as Surety, and his own name as attorney -in -fact. NOTE: Signature of those executing for Surety must be properly aclawwledged. NOTE: The Attorney -in -fact must attach a certified copy of the Power of Attorney. Signature: Name (Type or Print): Notary Public in and for said County and State My Commission expires: APPROVED AS TO FORM: By: George H. Eiser, III City Attorney 36 CALIFORNIA ALL—PURPOSE ACKNOWLEDGMENT State of California County of San Diego On 17 October 2008 before me, personally appeared Brooke Lafrenz GLADYS D. ROGERS Commission # 1537880 ■zz Notary Public - California San Diego County My Comm. Expires Dec 24, 2008 Place Notary Seal Above Gladys D. Rogers, Notary Public who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and Signature 4/170 OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying an the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer - Title(s): 0 Partner - 0 Limited LI General S1 Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Surety Company No. 0001128 ICW GROUP Power of Attorney Insurance Company of the West Explorer Insurance Company Independence Casualty and Surety Company KNOW ALL MEN BY THESE PRESENTS: That Insurance Company of the West, a Corporation duly organized under the laws of the State of California, Explorer Insurance Company, a Corporation duly organized under the laws of the State of California, and Independence Casualty and Surety Company, a Corporation duly organized under the laws of the State of Texas, (collectively referred to as the "Companies"), do hereby appoint LARRY D. COGDILL, COLETTE CHISHOLM, BROOKE LAFRENZ, MICHAEL W. THOMAS, JEANETTE SEIDL their true and lawful Attorney(s)-in-Fact with authority to date, execute, sign, seal, and deliver on behalf of the Companies, fidelity and surety bonds, undertakings, and other similar contracts of suretyship, and any related documents. In witness whereof, the Companies have caused these presents to be executed by its duly authorized officers this 2nd day of January, 2008. Jeffrey D. Sweeney, Assistant Secretary State of California County of San Diego On January 2, 2008, before me, Mary Cobb, Notary Public, personally appeared J. Douglas Browne and Jeffrey D. Sweeney, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument, and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument, the entity upon behalf of which the persons acted, executed the instrument. INSURANCE COMPANY OF THE WEST EXPLORER INSURANCE COMPANY INDEPENDENCE CASUALTY AND SURETY COMPANY Catatneci J. Douglas Browne, Senior Vice President } SS. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand and official seal. IPAY C0SO to NOTARY PUILIC-CM/FMA COMM. 41802990 I 1SAM Ors6O Mary Cobb, Notary Public RESOLUTIONS This Power of Attomey is granted and is signed, sealed and notarized with facsimile signatures and seals under authority of the following resolutions adopted by the respective Boards of Directors of each of the Companies: "RESOLVED: That the President, an Executive or Senior Vice President of the Company, together with the Secretary or any Assistant Secretary, are hereby authorized to execute Powers of Attomey appointing the person(s) named as Attomey(s)-in-Fact to date, execute, sign, seal, and deliver on behalf of the Company, fidelity and surety bonds, undertakings, and other similar contracts of suretyship, and any related documents. RESOLVED FURTHER: That the signatures of the officers making the appointment, and the signature of any officer certifying the validity and current status of the appointment, may be facsimile representations of those signatures; and the signature and seal of any notary, and the seal of the Company, may be facsimile representations of those signatures and seals, and such facsimile representations shall have the same force and effect as if manually affixed. The facsimile representations referred to herein may be affixed by stamping, printing, typing, or photocopying." CERTIFICATE I, the undersigned, Assistant Secretary of Insurance Company of the West, Explorer Insurance Company, and Independence Casualty and Surety Company, do hereby certify that the foregoing Power of Attorney is in full force and effect, and has not been revoked, and that the above resolutions were duly adopted by the respective Boards of Directors of the Companies, and are now in full force. th IN WITNESS WHEREOF, I have set my hand this I] day of October 2008 . Jeffrey D. Sweeney, Assistant Secretary To verify the authenticity of this Power of Attorney you may call 1-800-877-1111 and ask for the Surety Division. Please refer to the Power of Attorney Number, the above named individual(s) and details of the bond to which the power is attached. For information or filing claims, please contact Surety Claims, ICW Group, 11455 El Camino Real, San Diego, CA 92130-2045 or call (858) 350-2400. ACORD CERTIFICATE OF LIABILITY INSURANCE OP ID S2 3DENT-1 DATE (MM/DD/YYYY) 10/23/08 PRODUCER Teague Insurance Agency, Inc. License #0525512 4700 Spring St., 4th Floor La Mesa CA 91941 Phone:619-464-6851 INSURED Fax:619-464-1901 3-D Enterprises, Inc 2180 Garnet Avenue, #2C San Diego CA 92109 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW INSURERS AFFORDING COVERAGE INSURER A. Delos Insurance INS&,RER D _ Great American Insurance USlLRERc Golden Eagle Ins.- Corp. IN;;URFR D Rockhill Insurance Company INSURER E The Hartford NAIC # 10836 22357 COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL. THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. I • LTR INSR9 TYPE OF INSURANCE i POLICY NUMBER j DATE (MMIOD YY)E IUD E (MM/DRDA/YY) oN I LIMITS i GENERAL LIABILITY I EACH OC::.,RNFVCF i DAMAGE TC RENTEJ B •X i X' COMMERCIAL GENERAL JM ABILIiY i GLP3895727 06/17/08 ! 06/17/09 PRFSES(Fa occurenre' I _' CLAIMS MADE X I OCCUR ! I MED EXP {Anyone person) I i X I XCU I i PERSO'AL & ADV INJURY 1 i GENERAL AGGREGATE CFN'l AGGRFGATF I !MIT ADP! IFS PPR : PROr/UCTS' - : OMD/O= A G ! 1 :'OIICY iX i FC; :IOC i ! i ! `r 1 , 000 , 000 ' $50, 000 ' $ excluded ' $ 1,000,000 $ 2 , 000 , 000 $. 2 , 000 , 000 I • AUTOMOBILE LIABILITY I COMDINED SINGLE LW,- C X • ANY ALTO ' BA8296209 06/17/08 ! 06/17/09 I (Eaaccidenl) ' ALL OWNED AUTOS BODE"INJURy SCHECULED AJTOS (e''Pr'""') _ .. I -IIRF0 AUTOS i BOD.LY INJUH, ' NON -OWNED ALTOS i • (i'e• accident) ._ .. 1 PROPERTY DAMAGE (Der accident) I $ 1000000 • '.$ $ $ i : GARAGE LIABILITY I AJ'T) ONI Y - EA ACCIDENT _ --1 ANY AUTO 1 FA ACC OTHER T-AN . I ALi-O ONLY AC)(: $ $ -. EXCESS1UMBRELLA LIABILITY 1 ! EACI i CCC.:RRE\CE D .X ( OCCUR • CLAIMS MADE j CUL00043502 06/17/08 ' 06/17/09 ' AGGREGATE I DFFXJCTIRI.F 1 1 X RETENTION $10,000 I s 5 , 000 , 000 _ s 5,000,000 . $ -. ;$ WORKERS COMPENSATION AND X _ .. LIMITS •.. _� ER EMPLOYERS' LIABILITY � r . . - - - '. - - �� A ! 101DKRM12004161 08/03/08 08/03/09 EL CAC ACGIJENT ' � - .. - - .$1000000 $ 1000000 $ 1000000 ANY FROPRIFTOR/DARTNFR/FXFC.:'IVF I OFHC-WMEMB-R FXCI UDI-U? E L. DISEASE EA EMFLOYEC If yes. descr be undw I SPECIAL PROVISIONS beow1 1 E L °SEAS: POLICY LIMrT !OTHER I I E 'Equipment Floater 72UUMVZ0646 • 01/20/08 01/20/09 Equip. Leased/Rented I Deductibl $100,000 $1,000 DESCRIPTION OF OPERATIONS 1 LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT 1 SPECIAL PROVISIONS Job: National City City Parks Rehabilitation Beautification Pkg Phase 3 Spec No. 07-06-C.*10 days notice of cancellation for non payment of premium.. Holder is included as additional insured with respect to general liability per attached from CG2033 07/04. **Certificate cancels and supercedes certificate issued 10/16/2008** CERTIFICATE HOLDER CANCELLATION City of National City 1243 National City Blvd. National City CA 91950 ACORD 25 (2001/08) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATIOI DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL *30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER. ITS AGENTS OR REPRESENTATIVES. AUTHORIZED BEPRESENTATIVE ©ACORD CORPORATION CG 20 33 (Ed. 07 04) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU This endorsement modifies insurance provided under ttie following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. SECTION II - WHO IS AN INSURED is amended to include as an Additional Insured any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an Additional In- sured on your policy. Such person or or- ganization is an Additional Insured only with respect to liability for "bodily injury," "prop- erty damage" or "personal and advertising in- jury" caused, in whole or in part, by: 1. your acts or omissions; or 2. the acts or omissions of those acting on your behalf: in the performance of your ongoing oper- ations for the Additional Insured. A person's or organization's status as an Ad- ditional Insured under this endorsement ends when your operations for that Additional In- sured are completed. B. With respect to the insurance afforded to these Additional Insureds, the following addi- tional exclusions apply: 9n gq (Fri n7/nal xc This insurance does not apply to: 1. "Bodily injury," "property damage" or "per- sonal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: a. the preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or draw- ings and specifications; or b. supervisory, inspection, architectural or engineering activities. 2. "Bodily injury," or "property damage" oc- curring after: a. all work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the Additional Insured(s) at the location of the covered operations has been completed; or b. that portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than an- other contractor or subcontractor en- gaged in performing operations for a principal as a part of the same project Copyright, ISO Properties, Inc., 2004 Fax From the Desk or Stephanie Calhoun Company: Teague Insurance Phone: (619) 668-2392 Fax: (619) 668-4715 To: Attn: Ashley Fenton Company: City of National City Phone: (619) 336-4370 Fax: (619) 336-4303 Pages: 3 Date: 10/23/2008 01:35:02 PM Subject: Revised Certificate Message: Re: 3D Enterprises, Inc. Attn: Ashley Fenton Attached please find our revised certificate showing XCU coverage. Please alsc note, per our conversation, and continuation from the insured regarding the scope of \York, a builders risk polio' is not applicable. Please accept the attache certificate as compliance of all insurance requirements. Please do not hesitate to call with any questions. Thank you, Stephanie Calhoun, CISR Teague Insurance Agency RESOLUTION NO. 2008 — 213 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AWARDING A CONTRACT TO 3-D ENTERPRISES, INC., IN THE BASE AMOUNT OF $151,268, AND THREE ALTERNATIVE BID AMOUNTS TOTALING $72,000, FOR A TOTAL CONTRACT AMOUNT OF $223,268, FOR THE NATIONAL CITY PARKS REHABILITATION PROJECT (PHASE THREE) FOR THE REPAIR AND IMPROVEMENT OF MULTIPLE BUILDINGS AND STRUCTURES, SUCH AS, RESTROOMS SNACK BARS, SCORE SHACKS, AND ADA IMPROVEMENTS THROUGHOUT KIMBALL PARK, EL TOYON PARK, AND LAS PALMAS PARK WHEREAS, the Engineering Department, in open session on September 23, 2008, did publicly open, examine, and declare seven sealed bids for Phase Three of the National City Parks Rehabilitation Project for the Repair and Improvement of Multiple Buildings and Structures, such as Restrooms, Snack Bars, Score Shacks, and ADA Improvements. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby awards the contract for Phase Three of the National City Parks Rehabilitation to the lowest responsive, responsible bidder, to wit: 3-D ENTERPRISES, INC. BE IT FURTHER RESOLVED by the City Council of the City of National City that the Mayor is hereby authorized to execute on behalf of the City a contract with 3-D Enterprises, Inc., in the base amount of $151,268, and three alternative bid amounts in the amount of $72,000, for a total amount of $223,268 for Phase Three of the National City Parks Rehabilitation Project for the Repair and Improvement of Multiple Buildings and Structures, such as Restrooms, Snack Bars, Score Shacks, and ADA Improvements. Said contract is on file in the office of the City Clerk. PASSED and ADOPTED this 7th day of October, 2008. Ron Morrison, Mayor ATTEST: Mic ael R. Dalla, ity Clerk APPROVED AS TO FORM: /1"),L7) goat; IV — George H. Eiser, III City Attorney Passed and adopted by the Council of the City of National City, California, on October 7, 2008 by the following vote, to -wit: Ayes: Councilmembers Morrison, Natividad, Parra, Ungab, Zarate. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California Mb Cityity of �Jational City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2008-213 of the City of National City, California, passed and adopted by the Council of said City on October 7, 2008. City Clerk of the City of National City, California By: Deputy G c. • `1 City of National City, California COUNCIL AGENDA STATEMENT `'MEETING DATE October 7, 2008 AGENDA ITEM NO. 14 ITEM TITLE A Resolution of the City Council of the City of National City awarding a Contract to 3-D Enterprises, Inc., in the base bid amount of $151,268.00 and three alternative bid amounts totaling $72,000.00 for the National City City Parks Rehabilitation Project (Phase 3) for the repair and improvement of multiple buildings and structures such as restrooms, snack bars, score shacks, and ADA improvements throughout Kimball Park, El Toyon Park, and Las Palmas Park. (Funded through General Funds) PREPARED BY Kenneth Fernandez DEPARTMENT Engineering EXT. 4388 EXPLANATION Please see attached page with explanation. J Environmental Review X N/A MIS Approval Financial Statement Approved By: Finance Director The total cost of the project is estimated to be $314,000. The combined base and altemative bid amount of $223,268 is within the estimated budget for this project. Funding is available through Account 001-409-500-598-4127. (General Funds) Account No TAFF RECOMMEND j1ON Ad/o • • h - ' esolutiory �J,/ = • A - D / COMMISSIO RECOMMENDATION N/A ATTACHMENTS (Listed Below) Resolution No. 1. Resolution 2. Bid Opening Information Sheet for Base Bid 3. Bid Summary for the three low bidders SPEC 07-06-C A-200 (Rev. 7/03) City of National City Office of the City Clerk 1243 National City Boulevard, National City, CA 91950-4397 Michael R. Dalla, CMC - City Clerk (619) 336-4228 Fax: (619) 336-4229 October 29, 2008 Mr. Shahrokh Elihu 3-D Enterprises, Inc. 2180 Garnet Avenue #2-C San Diego, CA 92109 Dear Mr. Elihu, On October 7t1, 2008, Resolution No. 2008-213 was passed and adopted by the City Council of the City of National City, awarding a contract to 3-D Enterprises, Inc. We are enclosing for your records a certified copy of the above Resolution and a fully executed original contract. Sincerely, Michael R. DaIIa, CMC City Clerk Enclosures cc: Engineering Dept. ® Recycled Paper